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Bombay High CourtWP/5705/2024disposed off

Avinash Sidling Kamble And ORS v. The State Of Maharashtra And ANR

2025-01-07Hon'Ble Shri Justice A.S. Gadkari , Hon'Ble Shri Justice Rajesh S. Patil2 pages

934 - WP 5705 OF 2024.odt KVM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by KANCHAN VINOD MAYEKAR Date:

2025.01.10 18:08:56 +0530 CRIMINAL APPELLATE JURISDICTION KANCHAN VINOD MAYEKAR CRIMINAL WRIT PETITION NO. 5705 OF 2024 Avinash Sidling Kamble & Ors.

..... Petitioners

VERSUS

State of Maharashtra & Anr.

..... Respondents ...

Mr. Abhang Surywanshi a/w. Mr. Siddharth Ghodake, Mr. Siddharth Agrawal and Mr.Harichandra Jadhav i/b. Mr. Narayan G. Rokade for the Petitioners.

Mr. R. M. Pethe, A. P. P. for the State.

....

CORAM :

RAVINDRA V. GHUGE AND RAJESH S. PATIL, JJ.

DATE :

7th January, 2025 P.C. :

1.

Leave to add the postal address of Respondent No.2/ Complainant. Addition to be carried out forthwith. 2.

We have heard the learned Advocate for the Petitioners and the learned A.P.P. on behalf of the State. With their assistance we have gone through the FIR and the statements of the four neighbours. We do find that there are allegations of abusing the Complainant, demanding dowry of Rs.5,00,000/- and each of the Petitioners is alleged to have 1/2

934 - WP 5705 OF 2024.odt KVM abused her, have beaten her and have driven her out of the house. The statements of four neighbourers also indicates that the victim used to confide them about such purported ill-treatment and assault. 3.

However, the learned Advocate for the Petitioners points out that the last reported incident of purported abuse and assault is of 2nd March, 2018 and the FIR bearing no. 0261 of 2023, has been registered on 10th August, 2023 with the Bundgarden Police Station, District Pune (City). There is no explanation as to why the FIR has been lodged almost five years and three months.

4.

Issue notice to the Respondents, returnable on 17th February, 2025. The learned A.P.P. waives service of notice on behalf of Respondent No.1.

5.

We are informed that the charge-sheet has been filed. The charges has not yet been framed. We, therefore, request the Trial Court to adjourn Regular Criminal Case No. 2495 of 2024 until the returnable date in this matter.

(RAJESH S. PATIL, J.) (RAVINDRA V. GHUGE, J.) 2/2